SC Judicial Department

Civil Section

A.	Introduction to Civil Law
	1	Introduction to Civil Law

B.	Magistrate Law in Civil Actions
	1	Jurisdiction
	2	Venue
	3	Statute of Limitation
	4	Parties
	5	Representation of Parties
	6	Rules of Evidence

C.	Civil Procedure in Magistrates' Court
	1	The Pleadings
	2	Summons and Service Process
	3	Service of Process
	4	Time of Response by Defendant
	5	Offer of Judgment; Consequences of Non-Acceptance
	6	Answering the Complaint
	7	Objection to Jurisdiction
	8	Setting the Trial Date
	9	Amendments to Pleadings
	10	Default Judgments and Dismissals
	11	Testimony De Bene Esse
	12	Continuances
	13	Summary Judgment

D.	Non-Jury Trials
	1	Generally
	2	Defenses and Counterclaims
	3	Damages

E.	Trial by Jury
	1	Jury Selection
	2	Voir Dire
	3	Disqualification, Exemption, and Excuse of Jurors
	4	Disobedience to Juror Summons
	5	Miscellaneous Jury Matters
	6	Preliminaries to Jury Trial
	7	Introductory Remarks
	8	Counterclaims
	9	Contempt

F.	Special Matters at Trial
	1	Arguments on Motions and at Trial
	2	Sequestration of Witnesses
	3	Admissibility of Evidence
	4	Objections
	5	Jury Note-Taking
	6	Bench Conferences with Counsel
	7	Compelling Attendance of Witnesses
	8	Compensation of Witnesses
	9	Keeping of a Trial Record
	10	Directed Verdicts
	11	Final Instructions to the Jury
	12	Submission of the Case
	13	Mistrials
	14	Returning the Verdict
	15	Judgment Notwithstanding the Verdict (JNOV)
	16	Relief From Judgment or Order

G.	Procedure After Verdict
	1	Filing of the Judgment
	2	Magistrates' Judgments Recorded in Circuit Court
	3	Costs
	4	Attorney's Fees
	5	New Trial
	6	Appeals
		a	Restriction of Action During Appeal
		b	Effecting the Appeal
		c	Service of Notice of Appeal
		d	Contents of Notice of Appeal
		e	Return by the Magistrate
		f	Offers of Revision and Allowance
		g	Judgment on Appeal

H.	Attachment
	1	Generally
	2	Time When Attachment May Be Sought
	3	Duration of Attachment
	4	Grounds for Attachment
	5	Property Subject to Attachment
	6	Attachment When Debt Not Yet Due
	7	Filing of the Affidavit
	8	Bond Undertaking
	9	Issuance of Warrant of Attachment
	10	Attachment Procedure
	11	Disposition of Attached Property
	12	Release of Attached Property

I.	Enforcement of Civil Judgments
	1	Generally
	2	Issuance of Execution
	3	Contents of the Execution
	4	Execution Against Property
	5	Execution for Delivery of Specific Property
	6	Execution Against the Person
	7	Return of the Execution

J.	Judicial Sales
	1	Generally
	2	Sales Conducted by Officer
	3	When Sales May Not Be Conducted
	4	Sales in Different Situations
		a	Seizure and Sale in Claim and Delivery Action
		b	Seizure and Sale in Distraint Actions
		c	Seizure and Sale on Executions
		d	Repair or Storage Liens

K.	Action of Claim and Delivery
	1	Jurisdiction and Venue
	2	Claiming Delivery
	3	Requirements
		a	Claim and Delivery Upon Showing of Danger of Destruction or Concealment
		b	Claim and Delivery Upon Showing of Waiver
		c	Claim and Delivery for Immediate Dispossession
		d	Claim and Delivery for Possession
	4	Actions for Immediate Seizure
	5	Actions for Later Seizure
	6	Filing for Affidavit
	7	Waiver of Right to Pre-seizure Hearing
	8	Affidavit of Danger of Destruction or Concealment
	9	The Bond Undertaking
	10	Notice of Right to a Hearing
	11	Order Restraining Damage or Concealment
	12	Summons
	13	Service of Papers
	14	Return of Property to Defendant After Seizure
	15	Judgment and Seizure
	16	Seizure of Property
	17	Notice of Right to Cure
	18	Claims of Third Parties
	19	Self-help by Owner

L.	Elements of Common Contract Actions
	1	Generally
	2	Parol Evidence Rule
	3	Defenses
	4	Uniform Commercial Code

M.	Elements of Common Tort Actions
	1	Generally

N.	Elements of Common Landlord-Tenant Problems
	1	Generally
	2	Jurisdiction of Magistrates
	3	Eviction or Ejectment
		a	Generally
		b	Commencing Ejectment
		c	Acrual of Rent
		d	Failure of Tenant to Appear
		e	Trial for Ejectment
		f	Appeal of the Verdict
	4	Collection of Rent by Distraint
		a	Commencement of Distraint Proceeding
		b	Service of Process
		c	Pre-Distress Hearing
		d	Enforcement of Distress Warrant
		e	As to Property Distrained
		f	Tenant May Give Bond
		g	Sale of Distrained Property
	5	Non-Landlord/Tenant Problems: Summary Ejectment of Trepassers

O.	Liens and Incumbrances
	1	Generally
	2	Jurisdiction
	3	Mechanics' Liens
		a	Generally
		b	Enforcement
		c	Initiation of the Lien Enforcement
		d	Judgment and Satisfaction
		e	Distribution of the Proceeds
		f	Prevention of Lien Attachment
		g	Priorities
	4	Agricultural Liens
	5	Repair or Storage Liens
	6	Animal Owners' Liens
	7	Uniform Commercial Code
		a	Generally
		b	The Statutory Lien vs. The Security Interest
		c	The Security Interest vs. The Subsequent Purchaser
	8	Criminal Penalties

P.	Interpleader Actions

Q.	Protection From Domestic Abuse Act
	1	Protection From Domestic Abuse Act

R.	Harassment and Stalking
	1	Issuance of Order With Notice of Hearing
	2	Issuance of Order Without Notice of Hearing

S.	Permanent Restraining Orders/Emergency Restraining Orders
	1	Issuance of Emergency Restraining Order by Magistrate With Notice of Hearing
	2.	Issuance of Emergency Restraining Order by Magistrate Without Notice of Hearing